Litigation management system and method of providing the same

• US 20050240578A1
• Filed: 04/20/2005
• Published: 10/27/2005
• Est. Priority Date: 04/27/2004
• Status: Abandoned Application

• Current Assignee: CaseKnowledge LLC
• Original Assignee: CaseKnowledge LLC
• Inventors: Quimson, Clarissa R., Biederman, Daniel J. Sr., Craigmile, David F. Jr., Hoban, Thomas X.
• Application Number:
  US11/109,722
• Publication Number:
  US 20050240578A1
• Time in Patent Office: Days
• US Class Current: 1/1
• CPC Class Codes: G06F 16/93 Document management systems
• CPC Class Codes: G06Q 10/10 Office automation; Time management

Abstract

A web-based litigation management system and method which enables users, e.g., lawyers and clients, to monitor and manage at least one lawsuit in a litigation portfolio, manage the performance and expenses of the at least one lawsuit and compile controls/metrics that may be utilized in evaluating and streamlining future litigation is disclosed. Monitoring of a lawsuit is achieved via the entry and update of actual results, actions and events which occur throughout the litigation process. The litigation management system also allows users to: compare budgeted results, actions and expenses with actual results, actions and expenses; monitor and review legal documents; calculate litigation controls/metrics; compare the results of pre-selected lawsuit portfolios and the performance of the individuals involved in those lawsuits; document litigation guidelines as required by the client and the lawyer'"'"'s theory of the case, and provide easy data entry and browsing and searching of documents.

Claims

1. A method of providing a web-based litigation management system comprising:

(a) receiving an assignment request for a lawsuit by at least one user;

(b) reviewing said request and initiating a litigation portfolio for said lawsuit;

(c) receiving information concerning events, actions or details of said lawsuit from said at least one user;

(d) posting said information concerning events, actions or details of said lawsuit to said litigation portfolio; and

(e) providing at least one output result to said at least one user, wherein said output result includes at least one;

litigation practice standard;

system control;

system alert;

litigation metrics;

litigation file management action;

searchable litigation materials, and/or real time access to case status, documents, performance metrics, and/or litigation process workflow.

2. The method according to claim 1, further comprising repeating (c) through (e) until said at least one user receives at least one pre-determined result.

3. The method according to claim 1, wherein said at least one user accesses said at least one output result through a predetermined website, wherein a home page of said website includes a plurality of fields.

4. The method according to claim 3, wherein said plurality of fields include at least one of Log In/Log Out, My Cases, My Calendar, Alerts, Password Management, or Administration.

5. The method according to claim 4, wherein said at least one user selects said Log In/Log Out field and enters a user name and password to gain access to said litigation portfolio.

6. The method according to claim 1, further comprising developing litigation guidelines which are litigation templates that capture information regarding various aspects of each litigation.

7. The method according to claim 6, wherein said litigation guideline templates include at least one of an initial status report, jury instructions, a living theory of a case, a litigation plan, a litigation budget, a settlement analysis, experts, activity status reports, anticipated trial date, contacts, billing guidelines and controls/metrics.

8. The method according to claim 1, wherein posting said information includes posting draft documents, draft pleadings, or pleadings.

9. The method according to claim 7, wherein said initial status report includes details surrounding an investigation conducted to understand facts giving rise to said litigation, such as a date, a synopsis of a case, facts giving rise to a cause of action, description of injuries or claimed damages or summary of an initial investigation.

10. The method according to claim 7, wherein said living theory of the case includes at least one of:

a theory of a case, wherein said theory of said case may be continually re-evaluated and/or modified as said case proceeds, wherein said living theory of said case includes at least one of a date, a synopsis of said case, a living theory of said case, facts relating to a theory including supporting facts and inconsistent facts, and specific facts to be further investigated.

11. The method according to claim 7, wherein said litigation plan includes an analysis of at least one of:

review legal elements of each cause of action pled in said case;

identify facts/evidence that must be obtained in discovery in order to prove each required element;

identify witnesses who can provide a necessary foundation for said facts/evidence needed;

identify what facts/evidence will be disputed and identify witnesses and evidence to be used in putting those facts at issue;

evaluate evidentiary issues in order to maximize admissibility of proof; and

consider admissible evidence possessed by each party to determine both sides'"'"' strengths and weaknesses.

12. The method according to claim 11, wherein a template for said litigation plan includes at least one of:

a date;

a case title;

a case number;

a synopsis of a case;

legal elements of claims, counterclaims, cross claims and/or affirmative defenses pled;

identification of evidence and witnesses who will establish a foundation for said evidence;

evidentiary considerations;

description of a litigation strategy;

litigation activities/tasks including estimated completion date;

experts including a date to disclose opinion witnesses;

anticipated outcome of identified activities; and

current evaluation of liability, defenses and contribution.

13. The method according to claim 7, wherein settlement analysis includes at least one of:

settlement recommendations, a history of settlement discussions, an analysis regarding mediation, arbitration or other means of alternative dispute resolution.

14. A method according to claim 7, wherein said Experts field includes at least one of:

a Curriculum Vitae for potential experts, a narrative about potential experts, and fee information for each potential expert.

15. The method according to claim 7, wherein a template for an activity status report includes at least one of:

a date;

a synopsis of a case;

identification of an activity, task or event;

summary of significant information regarding an activity, task or event;

effect on evaluation of a case;

effect on a litigation plan, and additional work necessary in response to an activity, task or event.

16. The method according to claim 7, wherein said billing guidelines include at least one of:

lawyers handling a matter, date of a service, time allocated to a service and a description of a service rendered.

17. The method according to claim 7, wherein said controls/metrics include at least one of:

dates of objectives, tasks or events;

status of a case;

case outcome;

performance of a lawyer;

performance of a particular firm;

results from a particular jurisdiction, or future expenses associated with a litigation.

18. The method according to claim 1, further comprising providing at least one quality control including at least one of:

monitoring timely completion/posting of a draft answer or responsive pleading;

substantive jury instructions;

initial status report;

living theory of a case;

litigation plan;

litigation budget;

calculation of exposure in settlement;

expert report;

pleadings/motions;

deadlines or due dates;

monitoring a jury trial such as preparation of witnesses, sufficiency of motions, opening statement, ability to handle objections, direct examination, cross examination, sequence of witnesses, ability to handle demonstrative evidence, ability to lay a proper foundation, ability to communicate a theory of a case, closing argument, and/or interview with jurors;

monitoring settlement issues including calculating settlement parameters, communicating settlement parameters, obtaining authority for settlement and timing of settlement;

monitoring cost and efficiency of a litigation including budget versus actual legal expense, budget versus actual expense, number of times a law firm exceeds a budget, average verdict per law firm, average value of settlement per law firm, average cost for a discovery for all cases handled by a law firm, average cost of trial for all cases handled by a law firm, average number of depositions taken in a particular case, number of times a law firm requests an extension of time for responding to a motion, discovery request and/or trial; and

various staffing matters.

19. The method of claim 1, further comprising providing digital, secure management of an entire litigation file which is accessible by a user at any time, world wide.

20. The method according to claim 1, wherein said information posted is immediately available for review by a user upon posting.

21. The method according to claim 3, wherein said website comprises at least one of field options including My Cases, My Calendar, Log In/Log Out, Alerts, Password Management and Administration,

wherein My Cases field includes all cases associated with a user and current Alerts,

wherein My Calendar field option enables a user to view a litigation calendar,

wherein Log In/Log Out field option enables a user to log into and out of said litigation management system,

wherein Alerts field option enables a user to view and manage various alerts relating to at least one lawsuit in a litigation portfolio,

wherein Password Management field option enables a user to change a password to said litigation management system,

wherein Administration field option provides a user with various administration options including one of client management, law firm management, user management, document attributes management and manage company locations.